Disposed

Ram Kumari v. Tehsildar Tehsil Tiloi,Amethi and Others

Allahabad HC7 Feb 2022/259/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a directive for the expeditious disposal of a mutation case under Section 34 of the U.P. Revenue Code, 2006. The court directed the Tehsildar to decide the matter within six months and required the petitioner to file an undertaking not to seek adjournments, regardless of local bar strikes.

What did the court decide?

Direction given to Tehsildar to decide mutation case within six months; petitioner directed to file undertaking against seeking adjournments.

Ram Kumari Vs Tehsildar Tehsil Tiloi,Amethi and Others — Land Acquisition | Allahabad HC (2022)

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Court No. - 31

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Case :- MATTERS UNDER ARTICLE 227 No. - 259 of 2022

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Petitioner :- Ram Kumari Respondent :- Tehsildar Tehsil Tiloi,Amethi And Others Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Mukesh Kumar Pandey, learned counsel for the petitioner as well as Shri Ravindra Pratap Singh, learned Additional Chief Standing Counsel for the respondent no.1 and perused the record.

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By filing the instant writ petition, the petitioner has requested to issue an order or direction directing the respondent no.1 i.e. Tehsildar, Tehsil Tiloi, District Amethi to expeditiously decide the mutation case bearing Case No.T-202004710805331 (Ram Kumari Vs. Mata Prasad), under Section 34 of the U.P. Revenue Code, 2006 filed by the petitioner for mutation on the basis of registered sale deed, which has been executed by the opposite party no.2 within the time stipulated by this Court.

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Learned counsel for the petitioner submits that though the case was instituted on 28.11.2020, but thereafter the case could not be taken up due to the strike of the members of the local Bar while the petitioner has remained prepared on all the dates fixed in the case for early disposal of the case. It is further submitted that the petitioner is ready to tender an undertaking that she will do everything for early disposal of the case and would not seek any adjournment before the court below.

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Learned Additional Chief Standing Counsel submits that he would not be having any objection pertaining to the prayer of the petitioner except the fact that on all the dates fixed in the mutation case pending before the respondent no.1 the members of the local Bar were on strike and therefore, he submits that if any direction intended to be passed for early disposal of the case pending before the respondent no.1, the same would be subject to cooperation by the parties.

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Having regard to the order intended to be passed by this Court, issuance of notice to the private respondent(s) no.2 and 3 is hereby dispensed with as any direction pertaining to the expeditious disposal of the case pending before the respondent no.1 would also be in their interest.

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Thus, having regard to all the facts and circumstances of the case, the writ petition is disposed of with the direction to the respondent no.1 i.e. Tehsildar, Tehsil Tiloi, District Amethi to consider and finally decide the above mentioned case, most expeditiously without granting unnecessary adjournments to either parties, preferably within a period of six months from the date an authenticated copy of this order is placed before the authority concerned, strictly in accordance with law, subject to the cooperation by the parties.

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It is further directed that the petitioner shall file an undertaking before the respondent no.1 undertaking therein that she will not seek any adjournment on the date fixed in the case pending before the respondent no.1 and would appear before the court even if the members of the local Bar would be on strike.

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It is made clear that this Court has not considered the merits of the case.

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Order Date :- 7.2.2022 Anupam S/-

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Digitally signed by ANUPAM SINGH PATEL Date: 2022.02.07 16:56:50 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ram Kumari v. Tehsildar Tehsil Tiloi,Amethi and Others

Case brief

What is this about?

What did the court decide?

Ram Kumari v. Tehsildar Tehsil Tiloi,Amethi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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